GW Equity LLC et al v. PBS Global Inc et al Doc.

37
Case 3:05-cv-00800 Document 37 Filed 06/01/2005 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
GW EQUITY LLC, GWBS, INC., and § DALLAS DIVISION
GREAT WESTERN BUSINESS §
SERVICES, LLC, § FILED
June 1, 2005
§
Plaintiffs, § CLERK, U.S. DISTRICT COURT
§
vs. § CIVIL ACTION NO. 3:05-CV-0800-R
§
PBS GLOBAL, IND. f/k/a §
PRUDENTIAL BUSINESS SERVICES §
INC., et. al., §
§
Defendants. §

ORDER

Now before the Court is SEPARATE DEFENDANT, WAYNE LEE’S SPECIAL

APPEARANCE OBJECTING TO JURISDICTION AND PLEA IN ABATEMENT (filed

May 11, 2005). Defendant Lee seeks dismissal of the claims against him for lack of personal

jurisdiction.

A forum selection provision in a contract is prima facie valid and enforceable unless the

opposing party shows that enforcement would be unreasonable. Kevlin Servs. Inc. v. Lexington

State Bank, 46 F.3d 13, 15 (5th Cir. 1995) (citing M/S Bremen v. Zapata Off-Shore Co., 407 U.S.

1, 10, 92 S. Ct. 1907, 1913, 32 L. Ed. 2d 513 (1972) and Carnival Cruise Lines, Inc. v. Shute,

499 U.S. 585, 111 S. Ct. 1522, 1527, 113 L. Ed. 2d 622 (1991)). An independent contractor

agreement between Plaintiffs and Defendant Lee (‘Agreement”), which is part of the record in

this case, contains a clear and unequivocal forum selection clause. 1 This Court’s review of the

1
In pertinent part, the Agreement reads as follows:

Dockets.Justia.com
 Case 3:05-cv-00800 Document 37 Filed 06/01/2005 Page 2 of 2

language of the Agreement reveals no ambiguity in the interpretation of the language of the

choice of forum provision. Because Defendant Lee has not shown that the enforcement of the

choice of forum provision would be unreasonable due to fraud or overreaching, this Court finds

the provision to be valid and that, accordingly, this Court has jurisdiction over Defendant Lee.2

For these reasons, Defendant Lee’s Objecting to Jurisdiction and Plea in Abatement,

construed by this court as a Motion to Dismiss for Lack of Personal Jurisdiction, is hereby

DENIED.

It is so ORDERED.
Signed: June 1, 2005.

_________________________________
JERRY BUCHMEYER
SENIOR U.S. DISTRICT JUDGE
NORTHERN DISTRICT OF TEXAS

Governing Law. The Terms and Conditions of this Agreement shall be construed
pursuant to and in accordance with the laws of the state of Texas and all of the
covenants and obligations hereunder are fully enforceable and performable in the
City of Dallas, Dallas County, Texas.

Venue: IC irrevocably consents and hereby agrees that any lawsuit relating to any
matter arising under this Agreement shall be initiated in a State or Federal court in
the City of Dallas, Dallas County, Northern District of Texas, State of Texas,
United States of America.

Jurisdiction: IC irrevocably consents to the jurisdiction and of the service of

process, pleading, and notices in connection with any and all actions and
processes initiated in a State or Federal court located in the City of Dallas, Dallas
County, Northern District of Texas, State of Texas, United States of America.
2
For wholly separate reasons discussed in a separate opinion, this Court also finds that the
claims against Defendant Lee are subject to arbitration in accordance with an arbitration clause
in the Agreement.